ECOWAS Court to deliver judgment in SERAP case on killings by shepherds and others

The ECOWAS Court of Justice in Abuja this morning heard arguments in the case brought by the Socio-Economic Rights and Accountability Project (SERAP) against the federal government to demand “justice and accountability for the authorities to prevent, report and investigate the killings, rape, mutilation of Nigerians and other residents, and the destruction of property across the country by herdsmen and other unknown perpetrators. “

The court adjourned the trial until April 22, 2021 for judgment after hearing arguments from the Solicitor to SERAP, Femi Falana SAN and government attorney, Mr. Adedayo Ogundele.

In case No ECW / CCJ / APP / 15/16, SERAP argues that “the continued attacks, killings, rapes, mutilations of Nigerians and other residents, and destruction of property by the military, police, shepherds and other unknown perpetrators across the country constitute serious violations of human rights, the right to life, security and human dignity and to property. ”

Femi Falana, arguing the case, said: “The government has not denied SERAP’s serious advances. The government is responsible for unlawful killings by shepherds and other unknown perpetrators, who have not been sufficiently prevented, investigated or prosecuted by the authorities. These responsibilities are heightened when an observable model has been overlooked or ignored, as is the case in this lawsuit.

Falana also argued, “The government has a responsibility to protect and ensure the safety of life and property of everyone in Nigeria. It is not enough for the government to say that civil cases have been brought by some of the victims. The government has a responsibility to investigate, track down and prosecute perpetrators, and compensate victims. ”

The trial reads in part: “SERAP also maintains that the obligation to guarantee the right to life is not limited to cases where it has been established that the killings were caused by a state agent. It is also not determinative whether those affected or their families lodged a formal complaint about the killings with the relevant investigating authority. ”

“It is claimed that mere knowledge of the murders committed by the army, the police, the shepherds and other perpetrators unknown to the authorities thereby gave rise to an obligation under Article 4 of the African Charter on Human and Peoples’ Rights to conduct an effective investigation into the circumstances surrounding the killings and to identify the perpetrators and bring them to justice, and to provide reparations to victims.

“In addition, the defendant is responsible for these murders, rapes, mutilations and destruction of property when the authorities knew or should have known of an immediate threat and did not take measures which could have avoided these attacks and killings. .

“SERAP further maintains that the Respondent has positive obligations to provide a framework of security for the protection of life and to protect the lives of those exposed to the risk of unlawful attacks by the army, police, herdsmen. and other unknown authors. Lack of accountability for attacks by army, police, shepherds and other unknown perpetrators across the country has continued to create a culture of impunity that is clearly incompatible with the rule of law in a democratic society.

“SERAP maintains that the Respondent has a positive obligation to take measures to guarantee the right to life, the right to security and dignity of the human person and the right to property, and to prevent attacks and murders committed by the army, police, shepherds and others unknown. authors across Nigeria. ”

“Human life has a special value and dignity which require legal protection. It should be emphasized that those affected in this case include the most disadvantaged and vulnerable sectors of society. ”

“A fundamental notion of contemporary human rights law is that victims of violations enjoy an independent right to effective remedies. This idea is itself based on another long-standing legal principle: Where is the right medicine (there is no right without recourse). ”

SERAP is therefore asking the ECOWAS Court of Justice for the following relief:

1. A DECLARATION as attacks, killings, rapes and mutilations of citizens and other residents and destruction of property and other serious human rights violations and abuses across the country by the military, police, the shepherds and other unknown perpetrators constitute a failure on the part of the Respondent to exercise due diligence to prevent attacks and killings and cannot be justified under any circumstances, and therefore constitute a serious violation of Nigeria’s international obligations and commitments in this regard. rights to guarantee and guarantee the rights to life, dignity and security of the human person and to property, guaranteed by the African Charter on Human and Peoples’ Rights and the International Covenant United Nations on Civil and Political Rights to which Nigeria is a party.
2. A DECLARATION that the defendant failed to exercise due diligence and failed to take measures to prevent the attacks, killings, rapes and mutilations of hundreds of Nigerians and other residents and the destruction of property and other serious human rights violations and abuses by the army, police, herdsmen and other unknown perpetrators, and to conduct prompt, impartial, thorough and transparent investigations and to hold those responsible to account, is illegal because it amounts to violations of the obligations to respect, protect, promote and fulfill the human rights guaranteed by the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a party .
3. A DECLARATION that the defendant’s failure to provide effective remedy and redress for victims is unlawful as it amounts to violations of the obligations to respect, protect, promote and fulfill human rights guaranteed by the African Charter on Human Rights. and peoples and the International Covenant on Civil and Political Rights to which Nigeria is a party.
4. A DECLARATION that the defendant’s failure to provide an environment necessary to ensure and promote the enjoyment of the human rights to life, dignity and security of person and to property is unlawful as it amounts to breaches of obligations to promote and realize the rights guaranteed by the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a party.
5. AN ORDER order the Respondent and / or its agents individually and / or collectively to respect, protect, promote and fulfill the human rights of Nigerians and residents and communities across the country who have suffered attacks and human rights violations by the army, police, shepherds and other unknown perpetrators.
6. AN ORDER ordering the defendant to investigate all cases of

   the unlawful killings mentioned in this document and pay adequate financial compensation of N50 million to each of the dependents.

7. AN ORDER ordering the defendant and / or its agents individually and / or collectively to provide effective remedies and remedies, including adequate compensation, restitution, satisfaction or guarantees of non-repetition as the Honorable Court may deem fit to ‘grant to victims of attacks by army, police, shepherds and other unknown perpetrators.